Claims & Foreclosure Bidding Servicing Guide Servicing...certification, confirmation or ratification...
Transcript of Claims & Foreclosure Bidding Servicing Guide Servicing...certification, confirmation or ratification...
Claims I Mortgage Insurance
Claim and Foreclosure Bidding Servicing Guide
March 1, 2020
YOU-CENTRIC SOLUTIONS THAT MATTER
00869.0220 ©2020 Genworth Financial, Inc. All rights reserved. Genworth Mortgage Insurance underwriters include: Genworth Mortgage Insurance Corporation and Genworth Mortgage Insurance Corporation of North Carolina
Claim and Foreclosure Bidding Servicing Guide
March 1, 2020
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Questions? Contact the Genworth ActionCenter® at 800 444.5664 or [email protected].
Genworth Mortgage Insurance Corporation
Claim and Foreclosure Bidding Servicing Guide
March 1, 2020
This Claim and Foreclosure Bidding Servicing Guide (“the Guide”) replaces all previous Claim
and Foreclosure Bidding Servicing Guides for claims filed on or after the effective date of this
Guide. Please note that our Peak Portfolio Policy (MP 1920) has its own Claim and Foreclosure
Bidding Servicing Guide.
Claim and Foreclosure Bidding Servicing Guide
March 1, 2020
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Questions? Contact the Genworth ActionCenter® at 800 444.5664 or [email protected].
Table of Contents
1) Summary of Changes .................................................................................................... 3
2) Overview and Introduction ............................................................................................ 3
3) Requirements for Appropriate Proceedings ................................................................. 4
3a) Commencement of Appropriate Proceedings ......................................................... 4
3b) Foreclosure Times and Redemptions by State ....................................................... 4
4) Foreclosure Bidding Instructions ................................................................................. 4
4a) General Foreclosure Bidding Instructions .............................................................. 4
4b) e-Bid (Accessing and Using Genworth’s Foreclosure Bidding Tool) ..................... 4
5) Filing a Claim ................................................................................................................ 5
5a) When to File a Claim................................................................................................ 5
5b) Claim Form .............................................................................................................. 5
5c) How to File a Claim.................................................................................................. 6
5d) How to Submit Supporting Documents .................................................................. 6
5e) How to Check a Claim Status .................................................................................. 6
6) Claim Requirements ...................................................................................................... 6
6a) Documents Required to Perfect a Claim ................................................................. 6
6b) Supporting Documentation ..................................................................................... 8
6c) Claimable Items ....................................................................................................... 9
6d) Supplemental Claims ............................................................................................ 10
6e) Appeal of Claim Denial or Reduction of Insurance Benefit .................................. 10
6f) Protection and Preservation of the Property ......................................................... 11
6g) Listing and Sale of REO Properties ...................................................................... 11
6h) Policy Exclusions .................................................................................................. 11
6i) Claims Curtailment Methodology ........................................................................... 12
7) Claim Settlement Methods .......................................................................................... 12
7a) Settlement Options................................................................................................ 12
7b) Explanation of Benefits (EOB) .............................................................................. 12
8) Credible Evidence ....................................................................................................... 13
9) Subrogation and Deficiency Judgments ..................................................................... 14
Claim and Foreclosure Bidding Servicing Guide
March 1, 2020
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1) SUMMARY OF CHANGES
Topic Section(s) New Guidelines
Supplemental Claims 6d Details about eligibility criteria for allowable
Advances requested in supplemental
Claims
Credible Evidence 8 Details about what qualifies as Credible
Evidence to rescind coverage on a
Certificate
2) OVERVIEW AND INTRODUCTION
To support our customers and provide additional information on our new Master Policy
MP 1980, Genworth has established a Master Policy Resource Center on our
corporate website at http://new.mortgageinsurance.genworth.com/master-policy-info
that contains implementation resources, including a high-level change summary and
FAQ documents.
The Master Policy applicable to your loan (“the Policy”) sets forth the terms and
conditions that govern mortgage insurance issued by Genworth. Please refer to the
applicable Policy for complete details. This Guide is intended to provide clarification,
illustrative examples, and supplemental information on the requirements of the Policy.
In the event the requirements of the Policy or this Guide are not followed, it may, in
certain circumstances, result in cancellation of coverage, rescission, reduction in the
Insurance Benefit, or Claim denial. If there is a conflict between this Guide and the
Policy, the terms and conditions of the applicable Policy will control. For ease of
reference, capitalized terms used in this Guide have the meanings set forth in MP
1980.
We understand the importance of reliable and timely payment of Claims and we are
providing this Guide so that you can better understand the process and requirements
for:
• Commencement and completion of Appropriate Proceedings
• Foreclosure bidding
• Filing a Claim
• Claim settlement
• Claim curtailment
• Supplemental Claims
• Appeal of Claim denial or reduction of Insurance Benefit
In addition to this Guide, Genworth has other resources available to assist Servicers.
Visit our website at https://MIservicing.genworth.com/Publications/Default.aspx to
access Genworth’s (i) Default Management Servicing and Reporting Guide for Default
servicing and delinquency reporting requirements and (ii) Lender Servicing Guide for
information related to activation, maintenance and cancellation of MI coverage. In
Claim and Foreclosure Bidding Servicing Guide
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addition to links to all Genworth servicing guides, this website contains current
announcements and links to servicing forms.
We are pleased to provide additional assistance should you have any questions or
comments regarding this Guide or the Policy. Please contact the Genworth
ActionCenter at 800 444.5664 or via email at [email protected]. The
ActionCenter is staffed from 8 a.m. to 8 p.m. Eastern Time to provide you with any
support you may need.
3) REQUIREMENTS FOR APPROPRIATE PROCEEDINGS
3A) COMMENCEMENT OF APPROPRIATE PROCEEDINGS
Foreclosure should commence within 30 days after the loan remains in Default for six
(6) consecutive months, unless GSE Guidelines, the Consumer Financial Protection
Bureau’s Mortgage Servicing Rule (“CFPB Rule”) or applicable law provide otherwise.
Genworth reserves the right to direct the Servicer to commence foreclosure earlier and
in accordance with the Policy terms, subject to applicable law.
3B) FORECLOSURE TIMES AND REDEMPTIONS BY STATE
Appropriate Proceedings must be diligently pursued and completed in accordance with
applicable law and GSE state foreclosure timelines. Any foreclosure delays must be
permitted by GSE Guidelines, the CFPB Rule or applicable law and documented in the
Servicing File.
4) FORECLOSURE BIDDING INSTRUCTIONS
4A) GENERAL FORECLOSURE BIDDING INSTRUCTIONS
Servicers are required to follow bidding instructions issued by Genworth unless the
investor is a GSE. For GSE loans, Genworth requires Servicers to follow GSE bidding
instructions.
For questions regarding foreclosure bidding, contact the Genworth Claims Department
at 800 334.9270 or [email protected].
4B) E-BID (ACCESSING AND USING GENWORTH’S FORECLOSURE BIDDING TOOL)
To Access Genworth’s Foreclosure Bidding Tool:
1. Go to MIservicing.genworth.com
2. Enter your Username and Password and select Login
New to the Site? Call the ActionCenter at 800 444.5664 to obtain login
credentials
3. Select Delinquency Reporting and Claims
4. Select e-Bid
Note: As mentioned above, if a GSE is the investor of the loan, use GSE foreclosure
bidding instructions.
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Questions? Contact the Genworth ActionCenter® at 800 444.5664 or [email protected].
Using e-Bid
1. Enter the Certificate number requiring an e-Bid and click Search
• Certificate information displays for confirmation (name, address, and
coverage percentage)
2. Verify loan information and click Submit
3. Enter the requested information
• Current Property Value: from recent appraisal, broker price opinion (BPO)
or sheriff appraisal amount**
• Total debt including all fees: unpaid principal balance (UPB), interest,
expenses, etc.
• Scheduled foreclosure sale date (enter the correct date if incorrect or
blank)
• Property damage beyond normal wear and tear
• Depreciating area
• Add comments as necessary
** Note: if there is a variance between the current value and the Original
Value, select the appropriate reason for the variance.
4. Click Submit
• An e-Bid or comment that indicates who to contact for further instructions
appears
5) FILING A CLAIM
5A) WHEN TO FILE A CLAIM
In order to file a Claim, one (1) of the following conditions must be met:
• Completion of the foreclosure sale of the Property, regardless of whether
certification, confirmation or ratification of the sale has occurred
• Conveyance of title to the Property by execution and acceptance of a deed-
in-lieu of foreclosure
• Closing of a Third-Party Sale by the Borrower
You must file a Claim within 60 days of the first to occur of the conditions identified
above.
If you do not file a Claim by the deadline, we are not obligated to include in the Claim
Amount any interest accrued or Advances you paid after the deadline passed. If the
applicable Policy for the loan is either MP 1480 or MP 1980, and if the Claim is
submitted more than 120 days after the expiration of the deadline, we may deny the
Claim.
5B) CLAIM FORM
You may use the Uniform Mortgage Insurance Claim for Loss form to file a Claim with
us. The Claim form must be itemized, signed by the submitter and completed in full.
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Questions? Contact the Genworth ActionCenter® at 800 444.5664 or [email protected].
The Claim for Loss form can be obtained on the Genworth MI Servicing Website:
https://MIservicing.genworth.com/Publications/Default.aspx.
5C) HOW TO FILE A CLAIM
EDI Industry Standard EDI 260 Claims Transaction
Website MIservicing.genworth.com
Email [email protected]
Mail Genworth Mortgage Insurance
Attn: Claims Department
8325 Six Forks Road
Raleigh, NC 27615
5D) HOW TO SUBMIT SUPPORTING DOCUMENTS
Website MIservicing.genworth.com
Email [email protected]*
*Please do not submit Claim for Loss forms to this address. It is for supporting
documents only.
5E) HOW TO CHECK A CLAIM STATUS
To check the status of a submitted claim and validate claim perfection date, please
access our Claims on the Web (COW) for updates.
Website MIservicing.genworth.com/COW
6) CLAIM REQUIREMENTS
6A) DOCUMENTS REQUIRED TO PERFECT A CLAIM
In order to perfect a Claim, you will need to submit the Core Claim Documents listed
below. Copies of documents are acceptable, unless otherwise noted. It is important
that the Servicer include complete documentation and activity notes from all applicable
systems in order to perfect the Claim.
Please be aware that incomplete documentation may cause a delay in processing the
Claim and may also result in a reduction of the Insurance Benefit. If the Claim is not
perfected within 120 days following the receipt of the initial Claim, the Claim will be
denied, subject to certain exceptions set forth in the Policy.
Please contact us if you have any questions about Claim documentation.
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Core Claim Documents
• Complete Servicing File including:
o Workout and loss mitigation activities
o Bankruptcy, collections, legal and foreclosure activity
o Previous and current servicer activity
• Foreclosure chronology
o Prepared by foreclosure attorney or agent
o Include documentation of any delays in pursuing and completing
Appropriate Proceedings
• Attorney invoices
• Complete pay history with escrow account details from date of Default
• Evidence of title transfer and supporting documentation (see chart below)
Documentation for Title Transfer
Type of Title Transfer Document Requirements
Foreclosure • Executed foreclosure deed, regardless of whether
certification, confirmation, or ratification of the sale
has occurred
• Evidence of Sheriff’s deposit amount and all sale-
related expenses (including those debited against
the deposit), if applicable
• Evidence of Property value dated within 180 days of
foreclosure sale
Sale of the Property to a
third party at a Foreclosure
or trustee sale
• Copy of third-party proceeds check or other
satisfactory evidence of proceeds received
• Bidding information including instructions and final
bid
• Evidence of Property value dated within 180 days of
the issuance of bidding instructions or the sale date
Property Redemption
(before or after Claim
settlement)
• Notification of Property redemption and date
redemption occurred
• Copy of Property redemption proceeds check, or
other satisfactory evidence of proceeds received
Deed-in-Lieu of
Foreclosure
• Copy of deed transferring property and evidence of
acceptance by Servicer
• Deed-in-lieu approval letter
• Evidence of Property value dated within 180 days of
the deed-in-lieu approval
• Borrower contribution information including original
promissory note, if applicable
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Type of Title Transfer Document Requirements
Third-Party Sale (Pre-
foreclosure or post
foreclosure)
• Sale approval letter
• Borrower contribution information including original
promissory note, if applicable
• Signed or certified as true copy of original final
closing disclosure
• Evidence of Property value dated within 180 days of
the list date, sale approval date, or sale date
In addition, we may also request the following in order to assess whether we will elect
the Acquisition Option:
• Property Access: Upon our request, the Servicer is required to provide Genworth
with access to the Property.
If we elect the Acquisition Option, we will request the following:
• Recordable but not yet recorded deed transferring good and marketable title to
Genworth Mortgage Insurance
• Possession of the Property
• Any other documents necessary to complete the transfer of title of the Property to
us
6B) SUPPORTING DOCUMENTATION
If applicable, the following documentation is also required:
• Documentation related to any Advances or expenses paid above published
normal and customary limits.
o Genworth’s normal and customary limits are available at:
MIservicing.genworth.com/Publications/Default.aspx
• Bankruptcy documents, including bankruptcy filing and relief/release/discharge
dates
• Modification agreements in effect at the time of loan Default, complete with
signatures
• Copy of signed origination note
o Required for all pay-option adjustable rate mortgages (ARMs) or loans
with negative amortization.
o To be provided upon request for all other loan types
• Veterans Affairs (VA)/Federal Housing Administration (FHA) Proceeds
• If non-GSE loan, documentation demonstrating the amount of consideration the
Beneficiary paid to acquire the loan (e.g. loan purchase agreement)
• Address verification documents, such as origination appraisal or copy of original
note, upon request
• Documentation related to Appropriate Proceedings
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• Servicemember’s Civil Relief Act (SCRA) documents including qualification
documentation
• For GSE pool or second layer coverage, a copy of the primary Claim settlement
check and settlement letter
• If GSE pool or second layer coverage and the primary insurance was cancelled
due to the loan-to-value (LTV) falling below 80%, a copy of the original appraisal
and a copy of the interior BPO or appraisal showing the value that the
cancellation was based on
Please note: Genworth may also request additional documents including the complete
Origination File to evaluate first party (lender or lender’s agent) misrepresentation or
Pattern Activity as well as to review amounts claimed or to evaluate events between
loan origination and Claim filing or any other purpose permitted under the Policy.
The loan Origination File and Servicing File for each loan must be complete and
accurate and must be maintained in accordance with applicable law and regulatory
guidelines. A complete loan payment history, with escrow account details from
origination date to Claim filing date, must be maintained in accordance with the Policy
or applicable law.
For additional information, the Genworth ActionCenter is available at 800 444.5664.
6C) CLAIMABLE ITEMS
Examples of Items Included in the Claim Amount
• Unpaid principal balance due under the loan as of the date of Default
• Accrued interest due, calculated at the Contract Rate (up to the maximum
allowed per the Policy)
• Allowable Advances paid by the Servicer or Beneficiary during the time period
specified in the Policy, for example:
o Reasonable and customary Property insurance premiums
o Real estate taxes and assessments, not to include late fees or other
penalties
o Reasonable and customary Property preservation expenses
o Condominium fees/homeowner’s association dues
o Customary court costs and other reasonable expenses incurred in
Appropriate Proceedings, including reasonable attorney fees
Examples of Items Deducted from the Claim Amount:
• Amounts remaining in escrow that the Servicer or Beneficiary is entitled to as of
the last loan payment date
• Rent and other payments received before filing the Claim
• Hazard and other insurance amounts received by you or the Borrower but not
applied to the loan or restoration of the Property
• Other funds received to reduce the total indebtedness
Claim and Foreclosure Bidding Servicing Guide
March 1, 2020
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Questions? Contact the Genworth ActionCenter® at 800 444.5664 or [email protected].
Please consult the Policy for complete information and details about the calculation of
the Claim Amount or contact the Claims Department at 800 334.9270 or
[email protected] for assistance or additional information.
6D) SUPPLEMENTAL CLAIMS
MP 1980
Within 90 days after payment of an Insurance Benefit, the Servicer or Beneficiary will
be entitled to submit a supplemental Claim for allowable Advances actually paid by the
Servicer or Beneficiary if such Advances were:
• Incurred prior to the date the initial Claim was submitted, but not included in
the initial Claim or
• Incurred after the date the initial Claim was submitted and during any period
for which accrued and unpaid interest would be included pursuant to the
applicable Claim settlement option.
MP 1480
Within 90 days after payment of an Insurance Benefit, the Servicer or Beneficiary will
be entitled to submit a supplemental Claim for allowable Advances:
• Incurred prior to the date the initial Claim was submitted and
• Actually paid by the Servicer prior to the submission of the supplemental
Claim, but not included in the initial Claim
All Other Policies
Within 90 days after payment of the Claim, the Insured shall be entitled to submit a
supplemental Claim in an amount equal to allowable advances made prior to the date
we received the initial Claim that were not included in the initial Claim.
6E) APPEAL OF CLAIM DENIAL OR REDUCTION OF INSURANCE BENEFIT
The Servicer or Beneficiary has the right to appeal any Claim curtailment, Claim denial,
Certificate cancellation or rescission within 90 days of our decision for Certificates
issued under MP 1980 and within 120 days of our decision for Certificates issued
under MP 1480. Please check your Commitment/Certificate of Insurance for your
applicable policy form number. The Servicer or Beneficiary must provide all information
and documentation necessary for evaluation of the request within the appeal period.
Appeals due to a reduction in the Insurance Benefit should include a Supplemental
Claim for Loss Form. Please note that in many cases a reduction in the Insurance
Benefit is due to Genworth not receiving complete documentation with the initial Claim
submission; for example, the complete Servicing File.
Please submit your Supplemental Claim for Loss form through the same submission
channels outlined in Section 5c) How to File a Claim. Supporting documentation for the
appeal may be submitted via email to [email protected].
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Questions? Contact the Genworth ActionCenter® at 800 444.5664 or [email protected].
6F) PROTECTION AND PRESERVATION OF THE PROPERTY
In order to protect the Insured’s or Beneficiary’s rights under the Policy, the Servicer
should determine the occupancy status and condition of the Property immediately
following the conveyance of the Property title to the Insured. Also, the Servicer should
take appropriate measures to assure good and marketable title and that the Property is
preserved and protected. Therefore, it is the Servicer’s responsibility to advance:
• Reasonable and customary Property insurance premiums
• Real estate taxes that become due and payable on or after the date of Default
• The cost of engaging in Appropriate Proceedings
• Reasonable attorney fees
• Reasonable and customary expenses necessary for the protection and
preservation of the Property
Although prior approval for Advances is not required by Genworth, the Servicer is
encouraged to obtain prior approval since we may disallow certain Advances if in our
judgment the Advances were not reasonable and customary.
6G) LISTING AND SALE OF REO PROPERTIES
Once the Property is vacated, the Servicer should obtain a current BPO or appraisal
and list the Property for sale at fair market value as soon as possible.
Any purchase offers received prior to the settlement of the Claim must be presented to
Genworth for approval or rejection along with an interior appraisal or BPO including
interior photographs and any repair addendums dated no more than 180 days from the
list date or sale approval request date. To expedite the evaluation of the offer, please
email the offers details to [email protected]. Within 10 Business
Days of receiving a request for approval of a purchase offer, Genworth will approve or
deny the request. If additional information is needed to evaluate the request, we will
deny the request within 10 Business Days and indicate the additional information that
is required. If we do not respond within this timeframe, the request is deemed to be
approved.
MP 1480 and 1980
Please note that a delay in timely listing properties for sale or presenting purchase
offers to Genworth may result in a Claim denial or a reduction in the Insurance Benefit
due to an adjustment of any interest and Advances accruing during the period of delay.
6H) POLICY EXCLUSIONS
Please see the Policy for a list and detailed explanation of coverage exclusions under
which Genworth may cancel, rescind, or deny coverage, or reduce the Insurance
Benefit.
Please note that we will deny any Claim that is not perfected within 120 days following
submission of the initial Claim. See Section 6e) Appeal of Claim Denial or Reduction of
Insurance Benefit for information about appealing a Claim denial.
Claim and Foreclosure Bidding Servicing Guide
March 1, 2020
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Questions? Contact the Genworth ActionCenter® at 800 444.5664 or [email protected].
If you have any questions about coverage exclusions, please contact the Claims
Department at 800 334.9270 or [email protected] for additional information.
6I) CLAIMS CURTAILMENT METHODOLOGY
Reduction of Interest and advances
When a Servicer does not meet the requirements and timelines in the Policy, Genworth
may adjust the Claim Amount by deducting interest and Advances corresponding to the
number of days that an activity was required but did not occur. For example:
• If a Claim is submitted after the 60-day period set forth in Section 5a) When to
File a Claim, we may adjust from the Claim Amount any interest accruing and
Advances incurred after such 60-day period.
For other conditions that may affect the Insurance Benefit, please refer to the
governing Policy.
Any reduction or adjustment to the Claim Amount will be itemized in the Explanation of
Benefits supplied with the Insurance Benefit payment.
Loss Mitigation Review
When loss mitigation activity efforts do not comply with the Default Management
Servicing and Reporting Guide, GSE Guidelines and the CFPB Rule, Genworth will
determine the estimated resulting damage and may adjust the Claim accordingly.
For example, if the GSE Guidelines require a certain loss mitigation activity to occur by
day 60 of the Default, but the Servicer does not engage in that activity until day 90,
Genworth may reduce the Claim Amount by deducting 30 days of interest and
Advances. Any reduction will be itemized in the Explanation of Benefits supplied with
the Insurance Benefit payment.
For further information regarding servicing of loan in Default, please see the Default
Management Servicing and Reporting Guide.
7) CLAIM SETTLEMENT METHODS
7A) SETTLEMENT OPTIONS
Genworth may select from the following Claim settlement options when settling the
Claim, as specified in the applicable Policy:
• Percentage Option
• Third-Party Sale Option
• Acquisition Option
• Anticipated Loss Option
Please consult the Policy for complete details about the Claim settlement options or
contact the Claims Department at 800 334.9270 or [email protected] for
additional information.
7B) EXPLANATION OF BENEFITS (EOB)
Claim and Foreclosure Bidding Servicing Guide
March 1, 2020
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Questions? Contact the Genworth ActionCenter® at 800 444.5664 or [email protected].
The Explanation of Benefits (EOB) provides a categorized itemization of a Claim
settlement. If adjustments are made to the Insurance Benefit, an explanation for the
adjustment is provided. An EOB is provided with each Claim settlement and is
available online at https://MIservicing.genworth.com.
8) CREDIBLE EVIDENCE
If your loan has been submitted and approved for coverage under Genworth’s Your
Choice Coverage (YCC) program, please see our Rescission Relief Guide.
MP 1980
Genworth must have Credible Evidence of a Significant Defect in order to rescind
coverage on a Certificate. A Significant Defect is a Defect existing on the Certificate
Effective Date that would have made the loan ineligible for insurance. For more
information, please see the definition of Significant Defect in the Policy.
MP 1480
Genworth must have Credible Evidence of an Eligibility Criteria Violation, first party
misrepresentation, or Pattern Activity in order to issue a Rescission Notice rescinding
coverage on a Certificate.
MP 1480 and 1980
Examples of Credible Evidence include, but are not limited to any one or more of the
following:
• Undisclosed Borrower mortgage involving the same loan originator as the subject
loan (as the loan originator should be aware of and detect such other mortgage
and ensure it is disclosed as part of the subject loan Application)
• A review appraisal indicates a variance of fifteen percent (15%) or more in the
value of the Property as compared to the Original Value and there is evidence
that the appraiser manipulated or selectively utilized information in producing the
appraisal that established the Original Value(e.g., if the sales history of the
subject Property or its relation to comparable properties is misrepresented)
• Verification of origination documentation generated by a first party that was
confirmed to be falsified. For example: verification of employment, verification of
assets, verification of rent
• Any situation where a straw buyer is presented as the Borrower for purposes of
qualifying an otherwise unqualified Borrower if it can be shown the first party was
aware of the straw buyer
• Any situation where the Borrower has presented false identification where it can
be shown a first party was aware
• An investigation by regulators or law enforcement agencies has established that
there was first party misrepresentation involving the loan
• A first party, the Servicer, Insured, third-party Beneficiary, or owner of the loan
has reported first party misrepresentation to Genworth
• The loan has been repurchased as a result of first party misrepresentation
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• The final HUD-1/Closing Disclosure indicates that the Borrower received
interested party contributions that exceeded the guideline limit
• The final HUD-1/Closing Disclosure indicates that the Borrower failed to make the
required down payment at closing
• The final title report indicates an undisclosed second lien on the subject property
9) SUBROGATION AND DEFICIENCY JUDGMENTS
Genworth is subrogated, upon payment of an Insurance Benefit, to the Insured’s or
Beneficiary’s rights of recovery against the Borrower. Therefore, Genworth may pursue
a Borrower for its loss when permitted under applicable law.
The Servicer should foreclose and bid in a manner that protects the deficiency rights
unless otherwise instructed by Genworth. Please see the section of this Guide entitled
4) Foreclosure Bidding Instructions for bidding instructions.
Genworth may request the Servicer to foreclose in a manner outside of the normal and
customary state foreclosure process to preserve its rights of recovery (e.g., judicial
foreclosure rather than non-judicial). All associated expenses incurred by the Servicer
will be handled in accordance with the section of the Policy related to deficiency
judgments. If your pursuit of a deficiency judgment would increase the cost associated
with a foreclosure, contact the Recovery Department at
Should Genworth elect to pursue a deficiency judgment against the Borrower,
Genworth or our designee may request that the Servicer and Beneficiary provide such
information and execute and deliver such documents and instruments necessary to
transfer, assign, and secure your subrogation rights.
Genworth and the Beneficiary may jointly elect to pursue a deficiency judgment. In that
case, all expenses associated with the preservation and pursuit of a deficiency
judgment will be shared pro rata between Genworth and the Beneficiary in accordance
with the Policy.